Arbitrator denies production to challenge youth’s credibility

22 Jan

On October 15th of last year Arbitrator Joseph Carrier denied a production request that sought a variety of records relating to a resident of a facility for young offenders.

The request was made before a hearing of a discharge grievance. The employer terminated the grievor based on evidence provided by a resident. The union intended to dispute the resident’s evidence. His credibility would be an issue.

Arbitrator Carrier’s decision requires reasonable particulars to be provided in support of a request for production. It also stands for the proposition that production will not be ordered for the sole purpose of challenging the credibility of a witness.

OPSEU, Local 601 and Northern Youth Services (October 15, 2011, Carrier).

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